Journalism, Controversy, and Responsibility: halachic Analysis

 https://www.daat.ac.il/daat/english/journal/oppenheimer-1.htm

 I would, however, like to discuss whether there are halachic guidelines involved in newspaper reporting. How should a Jewish newspaper conduct its investigative reporting? For that matter, what is our obligation as readers? Does Halacha take a position on whether and how stories should be reported in the press. The public revelation of an impropriety can result in a lesson for others in the greater community, even if the transgressor refuses to mend his ways. The Talmud tells us that we should expose the hypocrites, i.e. those people who pretend to be righteous. Otherwise, people might emulate such an individual, believing his flawed behavior to be proper. Moreover, when he is published, people would incorrectly surmise that his "righteousness" didn't protect him. This would result in a chilul HaShem, a desecration of G-d's name.46 For this reason, Rabbi David ben Chaim HaCohen (Radach) wrote a public criticism of a rabbi who acted inappropriately in the bestowal of a Get and refused to concede his wrongdoing.47

The prohibition of lashon hara does not apply where the information is needed for a reason. It also does not apply when the subject of the information is a wicked person.48 The Chafetz Chaim writes that if there are persistent rumors about an individual's transgressions, and if the general public opinion is that this person is suspected of being guilty of these transgressions, he may be considered a wicked person and it is permitted to shame him.49 Similarly, the Talmud tells us that it is permitted to embarrass someone who is reputed to be an adulterer.50 It is even permitted to embarrass his parents.51 Since the purpose of the embarrassment is to effect a change in the wrongdoer's behavior embarrassing the person's parents has the effect of bringing additional pressure to effect this change. This ruling applies only when a person repeatedly transgresses and deservedly has a reputation for this behavior.52

The Talmud53 relates that there was once a young rabbi who developed a distasteful reputation. Ritva writes that it involved his meeting privately with unmarried women.54 Even though the community needed this young rabbi's Torah instruction, Rabbi Yehuda concluded that it would be a chilul HaShem to allow a reputed sinner to teach Torah to those who are aware of his alleged transgressions. Furthermore, suggests Ritva, covering up the transgression and allowing him to continue to teach would also constitute a desecration. Rabbi Yehuda, therefore, excommunicated him, even though the community would be deprived of the young rabbi's talents.55 We see from here that even if a person performs an important community function if his behavior is offensive, he may not continue in his community positions? This article will explore these issues.

Rabbi Greenblatt told this writer that there was a Yeshiva Day School principal who was abusive to children in his school. The incidents were investigated and found out to be true. The principal had a year to go in his contract and agreed to go quietly after the year would be up. An assistant principal was hired for the specific purpose of supervising the behavior of the principal. This solution was recommended by the posek to whom the problem was referred. What would have happened had the principal refused to go along with this solution? Rabbi Greenblatt said it would then have been appropriate to go to the newspaper and write an article saying there was a principal who was accused of mistreating children. The name of the principal should not be mentioned so that there should not be further embarrassment to him. If he still refuses to accept the posek's decision, then his name and more details can be written because the rights of the community supersede the rights of the individual who is threatening the welfare of the community, according to Rabbi Greenblatt. Once the principal agrees to the plans for his departure, no other articles specifically referring to him may be written since that would cause needless embarrassment.